Protection of Mental Disorder Patients’ Self-Determination Right in Civil Law
Self-determination right is an abstract right enjoyed by everyone. Article 130 of the Civil Law of extends the meaning of the right to the exercise of all civil rights by the people. Cognitive function is the medical basis of meaning ability. Although the cognitive function of most patients with mental disorders is impaired, the protection of self-decision power should be base on the specific meaning ability as the standard, and combined with the basis of medical identification to judge from the perspective of law. There should be two levels in the exercise of the right to self-determination of patients with mental disorders. First of all, we should ensure provide sufficient information and help to that patients with a certain degree of self-determination ability; secondly, for patients who are surely unable to make their own decisions, their guardians make their decisions in accordance with their “best interests,” and we can learn from the system of independent defenders of mental health in the United Kingdom, giving certain organizations or agencies the right to supervise guardians.